Terms & Conditions
Terms & Conditions
ARTICLE 1 – Definitions
“Services” shall mean the services provided by USU STUDENT MEDIA or BLUELIGHT MEDIA under the scope of work to Client.
ARTICLE 2 – Order
Any order for services which Client places with USU STUDENT MEDIA accepts shall be strictly in compliance with the terms and conditions of this Agreement. USU
STUDENT MEDIA shall provide reasonable efforts to perform services within the projected costs and time period indicated in this Agreement. In the event USU STUDENT MEDIA’s costs exceed the projected price or in the event the services cannot be performed within the time desired, USU STUDENT MEDIA will notify Client as soon as reasonably possible. Client shall have the option of terminating this Agreement with reimbursement to USU STUDENT MEDIA for its reasonable cost to the date of termination or continuing the services for the additional cost or extension of time.
ARTICLE 3 – Permits/Right to Use
Client is responsible to obtain all necessary permits as required by local and state law. If your event is at a park, rec center or any location other than your business, Client is
responsible to ensure permission of use. Upon written request, Client will submit a Certificate of Insurance (COI). If USU STUDENT MEDIA is unable to set up or needs to stop activities early due to a lawful request or because of a condition created by the inaction or inability of the Client, payment in full is due and no refunds will be given.
ARTICLE 4 – No Agency
USU Student Media and Client agree that, during the term of this Agreement, Client shall be engaged by USU Student Media solely on an independent contractor basis.
Nothing herein shall be construed to create an agency relationship between the USU STUDENT MEDIA and Client, or any employment relationship between Client and any staff member provided by the USU STUDENT MEDIA to perform the services under this Agreement. Client will not represent to be or hold itself out as an agent or affiliate of the USU STUDENT MEDIA, or vice versa, at any time during the term of this Agreement.
ARTICLE 5 – Termination
USU STUDENT MEDIA may terminate this Agreement in the event it determines that it cannot perform the services herein specified due to circumstances beyond its control. In such event, USU STUDENT MEDIA shall so notify Client and equitably resolve any issues respecting return of monies paid by Client to USU STUDENT MEDIA. Client may terminate this Agreement for any reason provided that it pays for all services performed and all costs incurred by USU STUDENT MEDIA up to the date of termination. Termination must be made in writing.
ARTICLE 6 – Limitation of Liability
To the extent permitted by law, Client agrees to limit USU STUDENT MEDIA’s liability under this Agreement to the cost of services paid by Client in this Agreement. In noevent shall either party be liable to the other party for indirect, consequential, incidental, special, or punitive damages, or lost profits. To the extent permitted by Utah law, each party agrees to be liable for the acts and omissions of its own officers, employees and agents engaged in the scope of their employment arising under this Agreement, and each party hereby agrees to be responsible for any and all liability, claims, costs, expenses or damages arising from any claim with respect to that party’s role in connection with this Agreement.
ARTICLE 7 – Force Majeure
No failure or omission by a Party to carry out or observe any of the terms and conditions of this Agreement (except with respect to payment obligations) shall give rise to any claim against such Party nor shall the same be deemed as a breach of this Agreement if such failure or omission arises due to or caused by force majeure events beyond the reasonable control of such Party including without limitation acts of God, fire, explosion, vandalism or other similar catastrophes, electrical power outages, any law, order, regulation, direction, action or request or an act of government or of a regulatory entity or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority; national emergencies, terrorism, insurrections, riots, wars, or strikes, lock-outs, work stoppages or other labor difficulties; actions or inactions of a third party provider or operator of facilities employed in provision of the services (“Force Majeure Events”).
ARTICLE 8 – Miscellaneous Provisions
This Agreement contains the entire Agreement between the parties hereto and shall not be modified, amended or supplemented, or any rights herein waived, unless such amendment or modification to this Agreement is (i) in writing; (ii) refers to this Agreement; and (iii) executed by an authorized representative of each party. This Agreement supersedes any and all previous Agreements, whether written or oral, between the parties. This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of the state of Utah, U.S.A. The provisions of this Agreement are severable. If any Court finds any part of this Agreement to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the remainder of the Agreement. The failure of either party to assert a right under this Agreement or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right. This Agreement is not assignable or transferable and any attempt to do so shall be void, ab initio and of no legal effect.